People v Henriques

Holding The conviction was affirmed because the defendant was not deprived of his right to testify before the grand jury, as the prosecutor offered a new grand jury and voted on remaining counts after the defendant declined to testify. Additionally, the defendant waived his challenge to the jury instructions by explicitly approving them and failing to object, and the court found no basis to reduce the sentence.

The court’s words

Although the prosecutor had the grand jury vote on one count before defendant was afforded a reasonable opportunity to testify

2026 NY Slip Op 06019, at the official text

the prosecutor twice offered to present the case before a new grand jury so that defendant could testify

2026 NY Slip Op 06019, at the official text

Defendant affirmatively waived his challenge to the court's responses to two notes regarding "what happens" if the jurors cannot agree unanimously

2026 NY Slip Op 06019, at the official text